(A)
The
administrator of workers' compensation, with the advice and consent of the
bureau of workers' compensation board of directors, shall adopt rules that
establish employment risk reduction standards. Except as provided in division
(B) of this section, in adopting these rules, the administrator shall do both
of the following:

(1)
By no later than July
1, 1994, adopt as a rule and an Ohio employment risk reduction standard every
federal occupational safety and health standard then adopted by the United
States secretary of labor pursuant to the "Occupational Safety and Health Act
of 1970," 84 Stat. 1590, 29
U.S.C.A. 651, as amended;

(2)
By no later than one hundred twenty days
after the United States secretary of labor adopts, modifies, or revokes any
federal occupational safety and health standard, by rule do one of the
following:

(a)
Adopt the federal occupational
safety and health standard as a rule and an Ohio employment risk reduction
standard;

(b)
Amend the existing
rule and Ohio employment risk reduction standard to conform to the modification
of the federal occupational safety and health standard;

(c)
Rescind the existing rule and Ohio
employment risk reduction standard that corresponds to the federal occupational
safety and health standard the United States secretary of labor revoked.

(B)
The
administrator, with the advice and consent of the bureau of workers'
compensation board of directors, may decline to adopt any federal occupational
safety and health standard as a rule and an Ohio employment risk reduction
standard or to modify or rescind any existing rule and Ohio employment risk
reduction standard to conform to any federal occupational safety and health
standard modified or revoked by the United States secretary of labor or may
adopt as a rule and an Ohio employment risk reduction standard any occupational
safety and health standard that is not covered under the federal law or that
differs from one adopted or modified by the United States secretary of labor,
if the administrator determines that existing rules and Ohio employment risk
reduction standards provide protection at least as effective as that which
would be provided by the existing, new, or modified federal occupational safety
and health standard or if the administrator determines that local conditions
warrant a different standard from that of the existing federal occupational
safety and health standard or from standards the United States secretary of
labor adopts, modifies, or revokes.

(C)
In adopting, modifying, or rescinding any
rule or Ohio employment risk reduction standard dealing with toxic materials or
harmful physical agents, the administrator, with the advice and consent of the
bureau of workers' compensation board of directors, shall do all of the
following:

(1)
Set the employment risk
reduction standard to most adequately assure, to the extent technologically
feasible and on the basis of the best available evidence, that no public
employee will suffer material impairment of health or functional capacity as a
result of the hazards dealt with by the rule or Ohio employment risk reduction
standard for the period of the public employee's working life;

(2)
Base the development of these rules and
Ohio employment risk reduction standards on research, demonstrations,
experiments, and other information as is appropriate and upon the technological
feasibility of the rule and standard, using the latest available scientific
data in the field and the experience gained in the workplace under this chapter
and other health and safety laws, to establish the highest degree of safety and
health for the public employee;

(3)
Whenever practicable, express the rule
and Ohio employment risk reduction standard in terms of objective criteria and
of the performance desired;

(4)
Prescribe the use of labels or other appropriate forms of warning as are
necessary to ensure that public employees are apprised of all hazards to which
they are exposed, relevant symptoms and appropriate emergency treatment, and
proper conditions and precautions of safe use or exposure where appropriate;

(5)
Prescribe suitable protective
equipment and control procedures to be used in connection with the hazards;

(6)
Provide for measuring or
monitoring public employee exposure in a manner necessary for the protection of
the public employees;

(7)
Where
appropriate, prescribe the type and frequency of medical examinations or other
tests the public employer shall make available, at the cost of the public
employer, to the public employees exposed to the hazards in order to determine
any adverse effect from the exposure.

(D)
In determining the priority for adopting
rules and Ohio employment risk reduction standards under this section, the
administrator shall give due regard to the urgency of need and recommendations
of the department of health regarding that need for mandatory employment risk
reduction standards for particular trades, crafts, occupations, services, and
workplaces.

(1)
Except for rules adopted under division
(A) of this section, the administrator, with the advice and consent of the
bureau of workers' compensation board of directors, shall adopt all rules under
this section in accordance with Chapter 119. of the Revised Code, provided that
notwithstanding that chapter, the administrator may delay the effective date of
any rule or Ohio employment risk reduction standard for the period the
administrator determines necessary to ensure that affected public employers and
public employees will be informed of the adoption, modification, or rescission
of the rule and Ohio employment risk reduction standard and have the
opportunity to familiarize themselves with the specific requirements of the
rule and standard. In no case, however, shall the administrator delay the
effective date of a rule adopted pursuant to Chapter 119. of the Revised Code
in excess of ninety days beyond the otherwise required effective date.

(2)
In regard to the rules for
which the administrator does not have to comply with Chapter 119. of the
Revised Code, the administrator shall file two certified copies of the rules
and Ohio employment risk reduction standards adopted with the secretary of
state and the director of the legislative service commission.